City of Gardner, MA Article VIII Snow and Ice Removal

[Adopted 2-2-2009 by Ord. No. 1484]

§ 567-27 Purpose.

[Amended 11-18-2013 by Ord. No. 1563]

This article is adopted in order to provide for the timely and complete removal of snow, slush and ice from the sidewalks and curb ramps in the City of Gardner to ensure that all residents, including wheelchair users, the elderly, and others with disabilities, can traverse public sidewalks safely.

§ 567-28 Definitions.

The following words and phrases, when used in this article, shall have the following meanings:

ACCUMULATION

Any accumulation of snow, slush, or ice which does not melt upon contacting the paved path.

CLEAR

To remove snow, slush or ice in a manner that clears the full paved path or a minimum of 42 inches wide.

OWNER

The owner, occupant, tenant, mortgagee in possession, or manager of any commercial, industrial, mixed-use, or residential building, estate, or land abutting on a sidewalk.

PROPERTY

All land and the buildings thereon located in the City of Gardner.

§ 567-29 District established; sidewalks to be kept clear.

A. For the purpose of causing the removal of snow and ice from sidewalks in certain portions of the City, the following district is hereby established:

(1) Easterly side of Central Street from the railroad tracks adjacent to 206 Central Street to West Lynde Street;

(2) Westerly side of Central Street from the railroad tracks adjacent to 206 Central Street to Vernon Street;

(3) Easterly side of Main Street from West Lynde Street to 150 Main Street;

(4) Westerly side of Main Street from Pleasant Street to 167 Main Street;

(5) Easterly side of Pleasant Street from City Hall Avenue to Main Street;

(6) Westerly side of Pleasant Street from City Hall Avenue to Parker Street;

(7) Northerly side of Parker Street from Oak Street to Vernon Street;

(8) Southerly side of Parker Street from Nichols Street to Pleasant Street;

(9) Northerly and southerly sides of City Hall Avenue from Main Street to Nichols Street;

(10) Easterly side of Nichols Street from City Hall Avenue to Parker Street;

(11) Northerly side of West Lynde Street from Central Street to Lake Street extension; and

(12) Easterly and westerly sides of Connors Street from Parker Street to City Hall Avenue.

(13) Easterly side of East Broadway from 8 East Broadway to Chelsea Street.

[Added 12-18-2017 by Ord. No. 1609]

B. No property owner in said district shall place or suffer to remain for more than three hours between sunrise and sunset during weekdays, and six hours between sunrise and sunset during weekend days, any slush or any loose, granular, or packed snow upon such sidewalk. Any slush or snow shall be cleared as defined herein and in a manner that ensures the orderly flow and safety of pedestrian traffic upon such sidewalk. The term "sidewalk" shall include any curb ramps providing access to crosswalks abutting the property.

C. The removal of ice shall be deemed sufficient if such ice is made level and completely covered with sand, sawdust, or other appropriate material to prevent slipping.

§ 567-30 Deposit of snow or ice on public way.

[Added 4-2-2018 by Ord. No. 1610]

No person shall remove snow, slush or ice from privately owned real property and place it upon any public sidewalk, street, or public property.

§ 567-31 Enforcement; violations and penalties.

A. If the owner or occupant fails to remove such snow within the time limit provided in § 567-29, the City may remove or cause to be removed such accumulation of snow and/or ice, and the owner or occupant shall reimburse the City for the expense incurred for such removal. The sum so expended may be recovered by the City as provided in MGL c. 111, § 125, and MGL c. 139, § 3A, relative to liens for such debt and collection of the claims for such debt, or in an action of contract by the City against said owner or occupant.

B. This article may also be enforced by civil process, criminal process or by noncriminal disposition as provided in MGL c. 40, § 21D.

C. Each day on which a violation exists shall be deemed to be a separate offense, and any person in violation of this article shall be subject to the following fines:

[Amended 11-18-2013 by Ord. No. 1563; 2-22-2022 by Ord. No. 1643]

(1) First offense: $100.

(2) Second offense: $200.

(3) Third and subsequent offenses: $300.

D. In addition to the penalties set forth above, the Building Commissioner or the Police Chief, or his designated agent, may seek an injunction from a court of competent jurisdiction to restrain any violation of this article.

[Amended 11-18-2013 by Ord. No. 1563]

E. Any violation of § 567-30 shall result in a fine of $300.

[Amended 2-22-2022 by Ord. No. 1643]

F. This article shall not be enforced against the City or the Commonwealth of Massachusetts, its authorities, departments, or agencies.